Nongogo v The State

The appellant, Noxolo Victoria Nongogo, was jointly charged with her co-accused, Temba Tsekemane, for the murder of her husband. During the initial joint trial before Griffiths J, after 12 state witnesses had testified, Tsekemane changed his plea to guilty. At the State’s request, the court ordered a separation of trials under s 157(2) of the Criminal Procedure Act 51 of 1977 and directed that the appellant’s trial commence de novo before another judge. Tsekemane was convicted of murder and sentenced to 20 years’ imprisonment. The appellant was subsequently tried before Mjali J, during which Tsekemane testified as a state witness. The appellant was convicted of both murder and conspiracy to commit murder and sentenced to life imprisonment under the Criminal Law Amendment Act 105 of 1997. She appealed, raising issues of duplication of convictions and alleged procedural irregularities recorded by way of a special entry.

The appeal succeeded only to the extent that the conviction and sentence for conspiracy to commit murder were set aside. The appeal was otherwise dismissed, and the conviction and life sentence for murder were confirmed.

The case reaffirms South African criminal law principles against duplication of convictions where conspiracy and the completed offence are charged together. It also clarifies the proper application of s 157(2) of the Criminal Procedure Act, confirming that late-stage separation of trials and de novo proceedings are permissible and often necessary to protect fair trial rights.